My Size Pty Ltd v Sara Lee Corporation and Saramar Corporation

My Size Pty Ltd (My Size) brought proceedings against Sara Lee Corporation and Saramar Corporation (Sara Lee) concerning the use of the trade mark "My Size" for women's clothing. My Size alleged that Sara Lee's use of the same mark for similar goods constituted trade mark infringement and misleading and deceptive conduct under the *Trade Practices Act 1974* (Cth) and the *Copyright Act 1968* (Cth). The matter was heard in the Federal Court of Australia.

The primary legal issues before the court were whether Sara Lee's use of the "My Size" trade mark infringed My Size's registered trade mark, and whether Sara Lee's conduct was misleading or deceptive in contravention of consumer protection legislation. The court was required to assess the likelihood of confusion among consumers given the similarity of the marks and the nature of the goods sold by both parties.

Justice Vija Zars found that there was a substantial degree of visual and phonetic similarity between the trade marks "My Size" and "My Size". Considering the goods in question, which were both women's apparel, the court determined that there was a real chance that consumers would be confused into believing that the goods sold by Sara Lee originated from, or were connected with, My Size. This confusion was sufficient to establish trade mark infringement. Furthermore, the court held that Sara Lee's conduct in using the identical mark for similar goods was misleading and deceptive, thereby contravening the *Trade Practices Act 1974*.

Consequently, the court granted judgment in favour of My Size, permanently restraining Sara Lee from using the "My Size" trade mark in relation to women's clothing and awarding damages.